State v. Hussey

Under the impression that the offense of which the accused stood charged, to wit, a violation of section 791, Rev. St., was triable by a jury of 12, the court was proceeding to impanel a jury of thatynumber, and 5 jurors had been accepted and sworn, and 6 more had been sworn on their voir dire, and examined and accepted by the state, when it was discovered that the proper jury was one of 5 (State v. Sinegal, 51 La. Ann. 932, 25 South. 957; State v. Beebe, 53 South. 730),1 whereupon the court ordered the 6 to stand aside, and the trial to proceed with the jury of 5. The bill of exception,…